It was no mistake that Immigration Minister Andrew Giles issued a controversial ministerial directive that resulted in the reversal of the deportation of some non-citizen offenders, Labor leader Murray Watt has said.
The contentious order, known as Direction 99, was issued by Giles in early 2023 and required the Administrative Appeals Tribunal (AAT) to consider an individual’s community ties when reviewing deportation appeals.
The directive has been linked to several cases where non-citizen criminals had their visa cancellations overturned, allowing them to remain in Australia.
Speaking on Sunday, Queensland Senator Watt said the government did not intend for community safety to be relegated below community links in the implementation of Direction 99, despite the AAT’s interpretation of it.
Under sustained pressure, Prime Minister Anthony Albanese announced on Thursday that the government would replace Directorate 99 and instead require community protection to take precedence over all other considerations when deciding whether to revoke a visa cancellation.
The directive has been linked to several cases where non-citizen criminals had their visa cancellations overturned, allowing them to remain in Australia.
“Even the advice that Andrew Giles received from his department in going in that direction indicated that there would be no impact on people when we were talking about serious crimes being committed,” Senator Watt told the ABC.
«Of course, the AAT has not interpreted it that way. “They interpreted it in a way that the government never intended and that is exactly why we are now taking action to fix it.”
When asked whether issuing the ministerial order was a mistake, Senator Watt rejected the claim.
“The way it has been interpreted is very different to the government’s intention… Minister Giles was not even informed by his department when the AAT was making decisions that went against the spirit and intent of that direction.”
‘What would have been a mistake is that if the government had said we want to put the length of stay before the safety of the community, we didn’t do it.
“I think the mistake unfortunately has been that the AAT has interpreted that direction in a way that the government never intended.”
Under sustained pressure, Prime Minister Anthony Albanese announced on Thursday that the government would replace Directorate 99 and instead require community protection to take precedence over all other considerations when deciding whether to revoke a visa cancellation.
“The Australian community expects community safety to be the number one priority and that is exactly what is clear with this change of direction,” Senator Watt said.
Among those whose visas were canceled by the AAT were a New Zealand man who was convicted of raping his stepdaughter, a British man who attacked women on 26 occasions and a Sudanese man who allegedly committed murder.
Speaking on Sunday, Queensland senator Murray Watt (pictured) said the government did not intend for community safety to be relegated below community links in the implementation of Direction 99, despite the interpretation of the AAT about it.
Senator Watt also supported Giles’ (pictured) claim that authorities were using drones to monitor foreign-born criminals, even after the Australian Federal Police revealed in Senate estimates on Friday that they were unaware of such a program.
Senator Watt also supported Giles’ claim that authorities were using drones to monitor foreign-born criminals, even after the Australian Federal Police revealed in Senate estimates on Friday that they had no knowledge of such a program.
“My understanding is that drones are being used as part of this operation, but more in the sense of monitoring the accommodation people live in, for example making sure they are not too close to schools or other areas they are supposed to visit. that they should not access”. living nearby,” she said.
“So the drones are part of the operation that involves monitoring these criminals, but more things are being done in an operational sense like that.”
As Albanese faced calls from the Coalition to sack his home affairs and immigration ministers over his handling of the portfolio, Senator Watt was asked if he would be interested in switching portfolios.
Curbing expectations of a reshuffle, Senator Watt said he was focused on his current responsibilities.
“I’m actually enjoying my current role…I’m obviously very privileged to serve in the cabinet,” he said.
“But more than that, I really support my colleagues and what they’ve been doing… I think Andrew Giles and Clare O’Neil have been incredibly strong performers in a really difficult portfolio area.”